Summary
Summary of Criminal Practice for SQE1
Criminal Practice notes for SQE1 - I used the textbook from the University of Law for reference for my July 2022 exam
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By: gclarkielaw • 1 year ago
By: georgebower • 1 year ago
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Criminal Practice – Unit 1. Advising Clients at the Police StationDetaining a Suspect at the Police Station & Police Interviews
The procedure on arrival at the police station
- Suspect usually taken to the police station ‘as soon as is practicable after the arrest’
The custody officer
- Suspect must be brought before a CO on their arrival
o ‘As soon as practicable’
- Responsible for authorising the detention & supervising their welfare
- Holds rank of at least sergeant
- Should not be involved in the investigation of the offence
- Steps:
o Responsible for opening & maintaining a custody record
Attached = detention log
o Search of detained person
Seize & retain certain items
Decision to detain
- Is there already ‘sufficient evidence’ to charge?
- Grounds for detention
o Reasonable grounds for believing that detaining a suspect without charge is necessary to
secure/preserve evidence relating to an offence
o Necessary to obtain such evidence by questioning
- Conditions of detention
o Cell – adequately heated, cleaned, ventilated, lit; Bedding reasonable; Toilet & wash facilities
o 2 light meals & 1 main meal within 24-hour period; Drinks at mealtimes & upon reasonable request
o Brief outdoor exercise daily (if practicable)
o Visits – every hour
Rights of a suspect being detained
To have someone informed
- Delaying this right:
o At least inspector
o Indictable offence
o Max. 36 hours from relevant time
o Confirmed in writing as soon as practicable
o Grounds:
Interference with/harm to evidence, physical injury to others
Alerting someone connected
Hinder recovery of property
To legal advice
- Contact DSCC
- If attendance required, duty solicitor notified
- Officer cannot dissuade
- Delaying this right: Limited circumstances
o Same as having someone informed
To consult the CoP
To consult privately with a solicitor
,Detention time limits & reviews
- Detention clock = Initial max. period of detention before charge
o Begins from ‘relevant time’ Status of suspect ‘Relevant time’
Volunteer attending the At time of arrest at
police station the police station
Suspect on ‘street bail’ At time of arrival at
the police station
Suspect arrested away
from the police station
Extensions to the ‘detention clock’
Total time Grounds
Standard 24 hours
Extension by (at 36 hours Necessary to secure/preserve evidence
least) (+12)
Indictable offence
superintendent
The investigation is being carried out diligently & expeditiously
Warrant of 72 hours Same grounds +
further arrest by (+36 hours
Reasonable grounds for believing that the further detention is justified
Mags’ max)
Further 96 hours Same grounds
application to (+36 hours
Mags’ max)
- Detention reviews – the ‘review clock’
o To ensure that the grounds detention was initially authorised are still applicable
At least rank of inspector (not directly involved) = ‘review officer’
Detention & review clocks
Within 6 hours from A review by an officer bot below the rank of inspector
detention being authorised to determine whether detention is still necessary
Within 9 hours from the 1st A review by an officer not below the rank of inspector
detention review to determine whether detention is still necessary
Within 24 hours from arrival The detainee must be charged/released unless an
officer not below the rank of superintendent authorises
continued detention
Within 36 hours from arrival The detainee must be charged/released unless a Mags’
court grants a warrant of further detention
Within 72 hours form arrival The detainee must be charged/released unless a Mags’
court grants an extension to the warrant of further
detention
Within 96 hours from arrival The detainee must be charged/released
, Advising a client
Information gathering on arrival
- From the custody officer (custody record) & the investigating officer
- Custody officer
o Supply with basic information about circumstances of detention
o Allow solicitor to inspect the custody record & detention log
- Investigating officer
o Disclosure: Police not obliged to provide any evidence of the case
Must be given sufficient information to enable them to understand the nature of the offence
& why they are suspected of committing it
Procedure for interview
Steps an investigating officer can take to secure, preserve, obtain evidence
- Audibly recorded interview
- Identification procedure
- Fingerprints
- Samples
Interview
- Must have 2/3 tapes or 1 digital recording
- Suspect must appreciate the significance of questions/answers & understand what is happening
(intoxication)
- Not prior to legal advice
o Exception
Awaiting arrival would ‘cause unreasonable delay’
The suspects solicitor cannot attend & they decline the duty solicitor
Change of suspects mind provided
At least inspector enquires about reasons
Reasons recorded in custody record
Confirms in writing
At least inspector is satisfied to proceed
Reminded at start of interview
- Start of interview – caution
o Adverse inference
- Significant statements put to suspect
- Conduct during the interview
o No oppression
o No inducements to admit guilt
o If interview taking place over more than 1 day, suspect must be given a continuous period of at least
8 hours of rest
o Breaks from interviews take place at recognised mealtimes
Short refreshment breaks at regular intervals
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